Indefinite Leave to Remain

[theboyisreal]

I came to the UK on the 16th of June 2007 as a student and ever since I have been successfully renewing my visa until May 2014 when I applied for entrepreneur visa (team) and was refused. I have been going to court, in fact up to the high court and it was finally refused but gave me 28 days to re-apply. I did but I was told that the application was not submitted within 28 days and as a result, my solicitor did a Judicial Review and in the course of the JR, the Home Office said that they want to reconsider their decision and it is still on going.

I have been here since 2017 and clocked 10 years on the 16th of June 2017 and my question I want to ask is this; what is the implication of the JR on my continuous residence in the UK? Please I need an expert advise please. Thanks.

[zimba]

You have been an overstayer since your Tier 1E appeal was finally concluded and refused in the court, which also ended your section 3C and stopped your lawful residence clock in the UK.
Therefore you do not have 10 years of lawful residence in the UK and your pending out-of-time application will not change this. Even if HO reconsiders, your section 3C will not be re-established.

[theboyisreal]

You have been an overstayer since your Tier 1E appeal was finally concluded and refused in the court, which also ended your section 3C and stopped your lawful residence clock in the UK.
Therefore you do not have 10 years of lawful residence in the UK and your pending out-of-time application will not change this. Even if HO reconsiders, your section 3C will not be re-established.

@zimba88,
Thank you very much for your candid word of advise and I sincerely appreciate it with all my heart. As I can see from your response that I do not have 10 years of lawful residence in the UK as it is, however, would it be possible for me to apply on another visa while I am still awaiting HO response to my pending re-consideration. The reason being that, I got married last year July 2016 at the Redeemed Christian Church of God as HO will not grant me a permission to wed at the registry, hence the church wedding. Please, I just want to know if this route would provide any positive option as my case stands.

Thanks and hope to read from you soonest.

[secret.simon]

I got married last year July 2016 at the Redeemed Christian Church of God as HO will not grant me a permission to wed at the registry

Is your spouse a British citizen or otherwise settled in the UK? Are there any children involved?

The church marriage is not recognised in law and hence, you can at best be treated as living in a relationship akin to marriage if you have lived with the spouse (assuming that s/he is a British citizen or settled in the UK) for at least two years and have the documentation to prove it (utility bills, bank statements in joint names, etc).

I would say that the chances of you getting ILR in the near future are slim.

[theboyisreal]

The church marriage is not recognised in law and hence, you can at best be treated as living in a relationship akin to marriage if you have lived with the spouse (assuming that s/he is a British citizen or settled in the UK) for at least two years and have the documentation to prove it (utility bills, bank statements in joint names, etc). I would say that the chances of you getting ILR in the near future are slim.

My spouse is a British citizen and also has settled in the UK but there is no child involve at the moment. She was granted her indefinite leave in 2014 and did her naturalisation in 2015. I understood that the church marriage is not recognised in law but as you have said that I can at best be treated as living in a relationship akin to marriage if you have lived with the spouse for at least two years and have the documentation to prove it (utility bills, bank statements in joint names, etc).

We started living together in August 2016 and the only documentation on our joint name is her bank account although we have others in our individual names but all on the same address but as it stands, I am still falling short of the 2 years.

Is there anything I can at least do as it is? Sorry for all my too many questions I am trying to get the best help possible and I hope you understand.

Thanks.

[zimba]

The problem is that given your overstaying period, you will not be able to apply for any new application within the UK at all. Your best bet is to follow with HO regrading their reconsideration process.

[theboyisreal]

The problem is that given your overstaying period, you will not be able to apply for any new application within the UK at all. Your best bet is to follow with HO regrading their reconsideration process.

Thank you very much and I appreciate your effort and your kind guidance. As you have advised, I would follow with the HO regarding the current reconsideration process and see where it leads me. Thanks.